Terms and Conditions

Information on how to enter and the prize(s) form part of these Terms and Conditions. Entrants (defined below) will be deemed to have accepted these terms and conditions (“Terms and Conditions”), and agreed to be bound by these Terms and Conditions, when participating in this promotion (“Promotion”).

Roles

Promoter:
(“Promoter”): BACARDI-MARTINI AUSTRALIA PTY LTD (ABN 40 103 911 146) of L8 201-217 Kent St Sydney, NEW SOUTH WALES, 2000 Australia. The Promoter is responsible for all administrative aspects of the Promotion (including determination of winners, prizes, and technical support etc.)

For questions or comments, the Promoter can contacted via the form at https://Contact.BacardiLimited.com

Entrant:
(“Entrant”):A consumer participating in this Promotion by entering and/or claiming/redeeming a prize. The Entrant must be aged 18 years or over.

Vendor or Participating Venue:
(“Vendor” or “Participating Venue”): An on-premises liquor licensed venue that agrees to participate in this Promotion by providing vouchers and advertising this Promotion.

Prizes:

The Prize is an Australian Grand Prix package valued at up to $6,495, including:

• Return economy flights for two (2) adults from winner’s nearest Australian capital city to Melbourne, VIC (if required);
• All airport and airline taxes;
• Return private transfers from Melbourne Airport to VOCO Hotel Melbourne (if required);
• Three (3) nights of accommodation in 4-star at VOCO Hotel Melbourne (twin share) including daily breakfast for two (2) people;
• Return group transfers from the hotel to the F1 track; and
• Two (2) x General Admission tickets (4-day pass) to the FORMULA 1 ROLEX AUSTRALIAN GRAND PRIX 2023.

The first three (3) valid entries drawn from all valid entries received in accordance with the Draw, below will each win the Prize.

For clarity, in the event a winner of the Prize resides in VIC, flights and airport transfers will not form part of the Prize and this element will be forfeited and will not be awarded as cash.

Maximum of one (1) entry per person for the duration of the Promotion Period.

All Prizes are non-transferable, non-refundable and cannot be exchanged for any cash alternatives in whole or in part.

Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Prize. Prize is subject to the standard terms and conditions of individual prize and service providers.

The winner and their guest must travel together, including travelling on the same flights and staying in the same accommodation.

No compensation or alternative travel plans will be arranged should the winner and/or their guest miss their outbound or return flights or fail to meet any check in requirements for any reason. These costs will be the sole responsibility and expense of the winner and their guest. A credit card imprint will be required from the winner at check-in to the hotel for all incidental charges.

In the event that an element of the Prize is cancelled or postponed for any reason, the winner agrees to forfeit the specified element and no cash alternative offer will be granted in lieu of the part of the Prize.

Unless expenses are expressly stated in these Terms and Conditions to be expenses which are part of the Prize, all other expenses incurred by the winner and their guest in preparation for, or during the trip, are the responsibility of the winner and their guest, including but not limited to all other meals, insurance and any applicable insurance excesses, spending money, incidentals, mini-bar, laundry, room service, telephone calls and all other ancillary costs are not included.

Travel date are set for 31/03/23 to 03/04/23. All travel is subject to availability at all times and may be dependent on select seat class with airlines or specific room category availability with an accommodation partner. All bookings and documentation regarding the Prize must be made via Free-2-Travel Holidays Pty Ltd or their agents. Redeeming the Prize is conditional on acceptance of the terms and conditions of travel as detailed by Free-2- Travel Holidays Pty Ltd and the airline carriers in accordance with normal travel practices. Winner is responsible for any amendments fees issued by airlines or suppliers once booking is confirmed and ticketed. It is the winner's responsibility to organise transport to/from the airport departure/return point. Prize winner and travel companions must have valid travel insurance for their period of travel.

It is the responsibility of the winner and their guest to ensure that they have full and correct documentation for travel and other travel documentation (including, without limitation, proof of COVID-19 vaccination in an appropriate form, if required) at their own cost.

Promotion Period

Starting Date 12:00 (AEDST) on 05/01/23
Closing Date 23:59 (AEDST) on 28/02/23
Entries received after the closing date will not be valid.

Who May Enter

This Promotion is open to residents of Australia aged 18 or over (excluding WA & QLD residents).
The following may not participate, enter or redeem a Prize: (a) employees of the Promoter or its agents and their first and second degree family members, (b) anyone else who is directly or indirectly professionally connected with the Promotion or the Promoter and their family members, and (c) employees of any company active in the alcoholic beverage sector (and their first and second degree family members).

How To Enter

To enter, Entrants must follow the below steps during the Promotion Period:

1. Click on a sponsored Instagram or Facebook post advertising this Promotion OR by scanning the QR code in any Participating Venue and be redirected to the promotional microsite;
2. Confirm that they are aged 18 years or over by passing age gate;
3. Click ‘enter’ on landing page to proceed to the sign up page;
4. Sign up by logging into their Facebook or Instagram account or inputting the requested details including first and last name, date of birth, and email address;
5. Check the tick boxes to agree to these Terms and Conditions and Patrón’s Privacy Policy available on https://www.patrontequila.com/privacy-policy.html and then
6. Submit the fully completed entry form.

Once the above steps have been completed, Entrants will be prompted to spin a wheel in order to receive a free Patrón cocktail valued at $7. Depending on where the wheel stops, Entrants will receive a voucher to be redeemed for that specific Patrón cocktail, as indicated on-screen, subject to availability. In the event that the free Patrón cocktail is not available in a Participating Venue, Entrants will be given an alternative Patrón cocktail of equal value.

Entrants will also be provided a map with Participating Venue locations. To redeem the voucher, Entrants must complete the following steps during the Promotion Period:

1. Visit a Participating Venue; and
2. Present their voucher to the venue staff to confirm their eligibility to redeem the voucher. Proof of age may be required.

Draw

A draw for the Prizes will take place at Anisimoff Legal, Suite 5, 210 Central Coast Highway, Erina NSW 2250 at 12:00pm AEDST on 02/03/23. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified by email within two (2) days of the Draw and their name will be published online at https://www.patrontequila.com/en-au/campaign/formula123au/winners.html from 06/03/23.

A draw for the Prizes, if unclaimed, may take place on 13/03/23 at the same time and place as the original draw, subject to any directions from a regulatory authority (“Unclaimed Prize Draw”). The winner, if any, will be notified by email within two (2) days of the draw, and their names will be published online at https://www.patrontequila.com/en-au/campaign/formula123au/winners.html 16/03/23.

Prize Winner Notification

The winner of any Prize will be contacted within two (2) days of the Draw and will be required to confirm acceptance of the Prize by 12/03/23. The Prize winner might be asked to send proof of age. If a Prize winner does not respond by 12/03/23, the Promoter reserves the right to disqualify the Prize winner. If a prize winner is disqualified, the Promoter reserves the right to award the Prize to a reserve winner selected in the same manner.

Limitations / Restrictions On Entry

Only one (1) entry is permitted per person. This will be monitored by only allowing one (1) entry per email address. Duplicated vouchers may not be issued, nor redeemed within the Promotion.

The Promotion is only valid for the dates as specified in these Terms and Conditions and no compensation is payable if the Entrant is not able to redeem a voucher in one of the Participating Venues within the Promotion Period (including but not limited to venue closures as a result of COVID-19).

Grand Prix tickets are subject to the venue and ticket terms and conditions, including any applicable age restriction. The Promoter and Participating Venue hereby expressly reserve the right to eject any winner (and/or their companions) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Prize.

Subject to the Unclaimed Prize Draw, if for any reason a winner does not take the Prize (or an element of the Prize) at/by the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be forfeited.

If a Prize (or part of a Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

Total prize pool value is $19,485. For the purposes of the ACT lottery department, the total prize pool in ACT, inclusive of the $7 drink vouchers, is $20,885, based on forecasted levels of redemption in ACT.

Incomplete, illegal, misdirected, corrupted or late entries, or entries not in accordance with these Terms and Conditions will not be accepted. Proof of submission will not be accepted as proof of delivery. The Promoter takes no responsibility for entries delayed, incomplete or lost due to technical reasons or otherwise. The Entrant is responsible for the accuracy of the contact details provided. Personal data must be true.

Bulk entries made from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries, bulk entries, entries by or via third parties or syndicates, entries by macros or other automated means (including systems which can be programmed to submit entries), and entries which do not satisfy the requirements of these Terms and Conditions in full will be disqualified and will not be counted. If it becomes apparent that an entrant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means to generate additional entries in a way that is not consistent with the spirit of the Promotion, that Entrant’s entries will be disqualified and any reward will be void.

The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardize fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
The Promoter’s decisions are final and binding in all respects on all Entrants and no correspondence will be entered into.

The Promoter encourages consumers to enjoy responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health & Medical Research Council Australian Alcohol Guidelines that are available at www.nhmrc.gov.au. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.
Entry and continued participation in this Promotion is subject to the licensee’s liquor serving policy. The Promoter advocates the responsible service and consumption of alcohol.

Liability

The Promoter will collect and use the personal details supplied by Entrant on entering this Promotion to administer and run this Promotion; and may send relevant promotional communication post the campaign. In all cases, Entrant’s personal details will at all times be kept confidential and in accordance with the Promoter’s Privacy Policy which is available at: https://www.patrontequila.com/privacy-policy.html. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

The Promoter shall take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; or (f) taking/redemption or use of a prize.

Subject to the restrictions set out in the paragraph above, the Promoter will not be responsible for (and will have no liability in connection with) the following occurrences, to the extent that they occur for reasons beyond the Promoter’s reasonable control:

1. any postponement, modification or cancellation of the Promotion;
2. any changes to the Prize or the way in which they can be used;
3. invalidating any affected prize claims; and
4. any act or default of any third party supplier including the Vendors.

If for any reason any aspect of this Promotion is not capable of running as planned, including as a result of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, epidemic, pandemic, public health emergency, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion and subject to any written directions given under applicable law:

1. Cancel, terminate, modify or suspend the Promotion, and/or
2. Invalidate any affected entries; and/or
3. Disqualify any individual who tampers with the entry process.

The Promotion is in no way sponsored, endorsed or administered by, or associated with the Vendor or Participating Venue.

The Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook/Twitter/Instagram. Entrants are providing their information to the Promoter, not Facebook/Twitter/Instagram. The information Entrants provide will only be used for the purpose of facilitating the Promotion unless Entrants have agreed to its use for any other purpose. By entering the Promotion, all Entrants agree to give Facebook/Twitter/Instagram a complete release from any and all legal liability in connection with the Promotion. All entries will be subject to Facebook’s/Twitter’s/Instagram’s terms of use which can be found at:
https://www.facebook.com/terms.php
https://twitter.com/tos
https://help.instagram.com/478745558852511

Promoter’s Intellectual Property

All intellectual property and database rights, in the Promoter’s Facebook page, the Promoter’s Instagram page, the Promotion Application, and our materials published on them excluding so-called “user generated content” but including, without limitation, trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by the Promoter (or its subsidiaries, affiliates, agents or partners).
The Materials are protected by intellectual property laws and treaties around the world.
All such rights are reserved, and it is strictly prohibited to remove any copyright or other proprietary notices from any Materials.

Australian Law Applies

This Promotion, these Terms and Conditions and any dispute or claim arising out of or in connection with them (including in relation to the prizes), shall be governed by and construed in accordance with Australian law and Entrants irrevocably agree that the courts of Australia shall have exclusive jurisdiction to settle any such dispute or claim.
If there is a conflict between these Terms and Conditions and any other document referred to in these Terms and Conditions, these Terms and Conditions take precedence to the extent necessary to resolve the conflict.

If any part of these Terms and Conditions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the rest of these Terms and Conditions will not be affected. The Promoter’s failure to enforce any provision of these Terms and Conditions will not constitute a waiver of that provision.
Any website on which these Terms and Conditions are posted is only intended to be accessed from Australia and where permitted by law. The Promoter makes no representation that materials relating to this Promotion are appropriate or available for use at other locations. Access to them from territories where their contents are illegal is strictly prohibited.

NSW Authority Number: TP/02338
ACT Permit Number: TP22/02365
SA Permit Number: T22/1962